Suvarna Suresh Yadav v. The State Of Maharashtra And Another
2025:BHC-AUG:6817 {1} BA 286 OF 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO. 286 OF 2025 .
Suvarna Suresh Yadav Age: 40 years, Occu.: Household, R/o. Yadavmala, Nandur Khurd, Tq.Rahata, Dist.Ahmednagar.
....Applicant
Versus
1.
The State of Maharashtra Through Police Inspector, Shrirampur Police Station, Tq.Shrirampur, Dist.Ahmednagar.
2.
The Superintendent of Police, Ahmednagar, Dist.Ahmednagar .....Respondents .....
Advocate for Applicant : Mr. Shailesh S. Chapalgaonkar APP for Respondents : MrC.V.Bhadane .....
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 07 MARCH, 2025 PRONOUNCED ON : 10 MARCH, 2025 ORDER :
1.
This is regular bail application at the instance of applicant, who is allegedly arrested on 30-11-2024 in the crime no.0847 of 2024 registered with Shrirampur City Police Station, Dist.Ahmednagar for offence under Sections 103(2), 118(1), 189(2), 190, 191, 352 and 351(2) of the Bharatiya Nyaya Sanhita.
{2} BA 286 OF 2025 2.
Learned counsel pointed out that applicant is a lady and mother of a girl, who eloped and got married to son of informant. He pointed out that initially the girl and boy had eloped on 12-08-2024. Both eloped boy and girl were brought back and amicably matter was settled and the girl was taken away by her parents on 18-08-2024. However, it is pointed out that due to annoyance and anger on 28-08-2024, it is alleged that parents of girl and other family members beat informant's husband by means of belt and rope. Learned counsel took this Court through the FIR and submitted that apparently allegations are general and omnibus and not specific. That, inspite of allegations being of use of rope and belt, death is reported to be due to "head injury due to hard and blunt impact". Infact no such object is put to use by applicant or recovered.
That, applicant is a lady. That, she is behind bars since three months. That, investigation is over and even chargesheet is filed on 10-12-2024 itself. He further submitted that case is not committed nor charge is framed. Therefore, there is uncertainty about conclusion of trial and hence, learned counsel seeks grant of bail. 3.
Learned APP opposed application on the ground that there is offence of murder. That, eleven persons are found to be involved.
{3} BA 286 OF 2025 That, merely for performing run-away marriage by a girl and boy, father of boy, who was not at all concerned, was mercilessly beaten and he succumbed to the death due to assault. Learned APP submitted that applicants are neighbours and therefore, there is more possibility of misuse of liberty. For above reasons, bail is opposed. 4.
Heard. Perused the papers including FIR dated 29-08-2024 at the instance of one Savita Hareram Kadu and its substance is that she resides with her family including son namely Manoj. She reported that on 12-08-2024, her son Manoj eloped with Sakshi and performed registered marriage. That, initially as boy was missing, missing was lodged. It is further reported that on 18-08-2024, girl was taken by assuring that as per rituals marriage would be performed. It is further reported that on 28-08-2024 at around 03:00 p.m. Suresh Vitthal Yadav, Suvarna Vitthal Yadav, Vaibhav Yadav, Manoj Yadav, Vitthal Yadav, Padmabai Yadav, Umesh Kale, Pandurang Kale, Sunil Kale, Sairaj Pandurang Kale and Prasad Vitthal Kale entered house of informant and in the backdrop of anger of performing run-away marriage, there was said to be assault by means of belt and rope (dava) to informant's husband namely Hareram and therefore, he was taken to hospital. He is shown to have admitted in
{4} BA 286 OF 2025 the hospital. Occurrence of such incident was reported by informant Savita of beating her husband at Shrirampur City Police Station. Deceased seems to have succumbed on 05-09-2024 and as pointed out death is attributed to "head injury due to hard and blunt impact". Therefore, prima facie after assault by rope and belt, death has taken place after more than seven days. Applicant is a lady. She is behind bars since 30-11-2024. Now, chargesheet having been filed and no further recovery is shown to be made at the instance of applicant, application deserves to be allowed. Hence, the following order :
ORDER
(i) Application is allowed.
(ii) Applicant Suvarna Suresh Yadav be released on bail in connection with Crime no.0847 of 2024 registered with Shrirampur City Police Station, Dist.Ahmednagar, on executing Personal Bond of Rs.15,000/- with one surety in the like amount.
(iii) Applicant shall not tamper prosecution evidence. ( ABHAY S. WAGHWASE ) JUDGE SPT